'Star Wars' Stormtrooper costumes not artistic, says court--The Hollywood Reporter | Esq. | Entertainment and Media Law

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December 16, 2009

'Star Wars' Stormtrooper costumes not artistic, says court

By Eriq Gardner


Star385_314229a George Lucas should have used the Force rather than lawyers to pursue a British designer who sculpted the original Stormtrooper helmets in the first "Star Wars" film.

A British appeals court has ruled that these helmets are not copyrightable works of art and therefore, Lucasfilm can't prevent Andrew Ainsworth from selling replicas of the helmets. The $20 million lawsuit against Ainsworth has dragged on for five years and may continue still as Lucasfilm says it is prepared to appeal the case up to Britain's Supreme Court.

In the decision yesterday, a judicial panel ruled that the helmet and armor of the Stormtrooper costumes had a "utilitarian," rather than an artistic, purpose, so "neither the armour nor the helmet are sculpture."

Previously, Lucas won a $20 million judgment against Ainsworth in a California court in 2006. He's been unable to get British courts to enforce the decision.

Maybe the helmet isn't art. But how about this image of a Star Wars "last supper" from freakingnews.com?

Picture 11

Sounds like they can unblur the beginning of Beck's "Loser" video now. :)

Wow, the Kangaroo Court judge knows it all right? LOL what a joke.

RT
www.total-privacy.es.tc

Wow that's unbelievable, sounds like that british court has some bad feelings for Lucas. In the U.S. most employees are aware that any artistic work created while employed by someone else is owned by the employer, including copyright. Happened with Tim Burton (while working for Disney he invented Nightmare Before Christmas and they owned it, even though they hadn't asked him to do that or anything) Also another point, obviously this a work of freaking art! Have you ever seen star wars? A major work of art. Anything designed specifically for that film counts as art to. I would think. Like I said, sounds like the British courts have something against Mr. Lucas.

Steve, work-for-hire laws don't operate like that in the UK and other places. You need specific contracts to allow it.

This great news! First, I'm going to make my OWN Stormtrooper replica helmets; then I will move onto Batman cowls; and finally I will crank out dozens - no - HUNDREDS of Iron Man helmets because all of these are NOT art, but "utilitarian". Thank you, British legal system, I'll be setting up shop in Peterborough tomorrow

freakin' stupid, what are the helmets used for????

cosplay fool

that's not a true utility, though. No real-life purpose. If they count leisure utility as an actual utility in the UK, it's gonna be a mess in a short while there. Can they actually fit gas mask components in it? If so, it can then be a true utility item.

@Steven Schultz: What your saying isn't "the law", it's just what's commonly included in an employee's contract. If it's NOT in the contract, then the argument can only go as far as works conceived during work time, or heavily influenced / derived by the day job.

Seems to me the helmets were (originally) used for a movie. They were designed and conceived by an artist for artistic purposes. They have absolutely no utility other than for aesthetics.

Seems pretty straight forward to me. Apparently the judge cannot separate fact from fiction. ;)

Other non-artistic objects designed for utilitarian purposes: Iron Man's armor, Harry Potter's broomstick, the starship Enterprise.

Good for the Brits. Lucas Arts have shown utter contempt for consumer fair-use laws even when it involved obvious works of parody (with no profit involved) or art here in the US . They've gone after countless folks who don't have the cash to go head-to-head with their lawyers so they never get challenged. I realize Ainsworth WAS making a profit but I'm glad he won anyhow just to see LA lose for once.

This is good news. I am an artist and even I think these copyright laws for decades and decades are absolute BS. Did Lucas invent plastic? No. Did he invent the helmet( like, the ORIGINAL helmet for all man kind)? No. Then why would he think he should be the only exclusive person to hold onto his "original" idea for eternity simply because he can abuse his artistic brilliance while being supported by his sheeple fan boys and pricey lawyers?

The day everyone begins paying royalties to their predecessors from the inventors of canvas, cement, paints, chisels, plastics you name it for eternity, then they will have ground to stand on otherwise earn your cash from your fruits as much as you can and be at peace with the fact that eventually your ideas will be used by others in the future for their inspirations JUST AS YOU USED THOSE WHO CAME BEFORE YOU.

To put things in perspective, a pharmaceutical company can spend billions on a pill but after just a few short years, they HAVE to allow other companies to reproduce their product...but some schmuck can draw a cartoon mouse, call it art and his drawings are protected for 99 years...its pathetic and deep down most of you know it.

Star Wars came out in 1977. That's 22 years ago..!

They're not making a movie, nor are they threatening Lucas' ability to make a buck from his creation, which is what Copyright laws are for.

CASE DISMISSED!

I take it that the British judicial system still haven't forgiven Lucas for the prequels.

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